The defendant's appeal is dismissed.

The main point of appeal is that the injured party of the mistake of facts is minor and natural healing without any special treatment, so it does not constitute a crime of injury.

The punishment sentenced by the court below of unfair sentencing (six months of imprisonment) is too unreasonable.

Judgment

In relation to the assertion of misunderstanding of facts, injury means impairing the completeness of the victim's body or impairing physiological functions.

In a case where there is a very minor circumstance accompanied by a assault and thus there is no need for treatment, and thus there is no obstacle in natural therapy and daily life, it does not constitute the injury of the crime of injury. However, this is premised on the same degree as the wound that can normally occur in the daily life even if there is no assault. Therefore, if there is a crime of assault, the injury should be caused by the assault. Whether the physical integrity of the victim is damaged or the physiological function is hindered should not be objectively and uniformly determined, but should be determined on the basis of the victim’s age, gender, physical and mental specific conditions, such as physical and mental condition, etc.

(see, e.g., Supreme Court Decision 2007Do9794, Nov. 13, 2008). According to the evidence duly examined by the court below (in particular, the victim’s body photographs), it is recognized that the Defendant saw the victim’s upper part on the part of the victim’s upper part, etc., and that the degree exceeds the same degree as the upper part that could normally occur during his daily life. Thus, the upper part of the victim’s body constitutes the injury of the crime of injury.

Defendant’s assertion is without merit.

With respect to the assertion of unfair sentencing, the victim's trial cost was the origin of the instant crime.

The defendant seems to have a new attitude to recognize facts as a substitute and reflect it to some extent.

It is not serious that the victim has suffered.

The defendant shall be punished by a victim under mutual consent between the victim and the prosecution.